Opinion

Shannon L. Cowen v. Samuel Cowen

Court
Texas Court of Appeals, 1st District (Houston)
Filed
Oct 13, 2015
Status
Published
Cited by
0 cases

The opinion

Opinion issued October 13, 2015

In The

Court of Appeals

For The

First District of Texas

————————————

NO. 01-14-00951-CV

———————————

SHANNON L. COWEN, Appellant

V.

SAMUEL COWEN, Appellee

On Appeal from the 309th District Court

Harris County, Texas

Trial Court Case No. 2013-43776

MEMORANDUM OPINION

Appellant, Shannon L. Cowen, has filed an appeal from the trial court’s final

order in a suit affecting the parent-child relationship. The trial court clerk filed the

clerk’s record on January 27, 2015. The court reporter filed an information sheet

stating that appellant had requested preparation of the reporter’s record but had not

paid, or made arrangements to pay, the fee for preparation of the reporter’s record.

The Clerk of the Court, therefore, notified appellant that Court might require her to

file a brief and consider and decide the appeal on the issues that did not require a

reporter’s record for a decision unless appellant responded to the notice no later

than June 8, 2015. See TEX. R. APP. P. 37.3(c). Appellant did not adequately

respond, and we ordered her to file a brief no later than August 10, 2015. See TEX.

R. APP. P. 4.1(a), 37.3(c), 38.6(a). The notice and order were returned, with the

following marked on the envelope: “return to sender, moved left no address,

unable to forward, return to sender.” Appellant has not provided us with any other

mailing address. Cf. TEX. R. APP. P. 9.1(b) (requiring unrepresented party to

provide party’s mailing address on all documents filed with court).

On August 26, 2015, the Clerk of this Court notified appellant that she had

failed to timely file a brief and that failure to file a brief or a motion for extension

by September 8, 2015 could lead to dismissal of her appeal. See TEX. R. APP. P.

38.8(a), 42.3(b). Appellant has not adequately responded.

Further, appellant has neither paid the required fees nor established

indigence for purposes of appellate costs. See TEX. R. APP. P. 5, 20.1; see also

TEX. GOV’T CODE ANN. §§ 51.207, 51.941(a), 101.041 (Vernon 2013), § 101.0411

(Vernon Supp. 2014); Order Regarding Fees Charged in the Supreme Court, in

2

Civil Cases in the Courts of Appeals, and Before the Judicial Panel on Multi-

District Litigation, Misc. Docket No. 13-9127 (Tex. Aug. 16, 2013).

Accordingly, we dismiss the appeal for nonpayment of all required fees and

for want of prosecution for failure to timely file a brief. See TEX. R. APP. P.

42.3(b). We dismiss any pending motions as moot.

PER CURIAM

Panel consists of Justices Jennings, Higley, and Brown.

3

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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